HomeMy WebLinkAboutR29-Economic Development
CITY OF SAN BERNARDINO 0 RIG I N A L
ECONOMIC DEVELOPMENT AGENCY
FROM: Emil A. Marzullo
Interim Executive Director
SUBJECT:
EDAW, Inc. - Amendment No. I to the
Professional Services Agreement for additional
funding
DATE:
February 20, 2009
SvnoDsis of Previous Commission/CounciVCommittee Action(s):
On February 19, 2009, Redevelopment Committee Members Jobnson, Baxter and Brinker unanimously voted to recommend
that the Mayor and Common Council and/or the Community Development Commission consider this action for approval.
Recommended Motion(s):
(Community DeveloDment Commission)
Resolution of the Community Development Commission of the City of San Bernardino approving and
authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino
("Agency") to execute Amendment No. I to the Agreement for Professional Services by and between the
Agency and EDA W, Inc.
Contact Person(s):
Project Area(s):
Jeffrey Smith
Central City North and Central City
Redevelopment Project Areas
Phone:
(909) 663-1044
Ward(s):
I"
Supporting Data Attached:
It] Staff Report It] Resolution(s) It] Agreement(s)/Contract(s) 0 Map(s) 0 Letter(s)
FUNDING REQUIREMENTS:
Amount: $
65,000
Source:
Tax Increment
Budget Authority:
Fiscal Year 2008-2009 Budget
./
dl Review:
~/
Barbara Lindseth, Administrative Services irector
<:
Signature: <:
Emil A. Marzullo, Int
tive Director
-------------------------------------------------------T}------------------------1;--.----------------------------------------------------------------------------------------------------------------
Commission/Council Notes: {(eSO t!.1::d'j 8.L){)Q - '''8
P:\AgendasIComm Dev Commission\CDC 2009\03-02-09 EDAW, Inc.' Amendment NO.1 SR,doc
COMMISSION MEETING AGENDA
Meeting Date: 03/02/2009
Agenda Item Number: Pq
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
EDA W, INC. - AMENDMENT NO.1 TO THE PROFESSIONAL SERVICES AGREEMENT
FOR ADDITIONAL FUNDING
BACKGROUND:
In June 2007, the Urban Land Institute ("ULI") analyzed and prepared a study for the Downtown Central
Business District of San Bernardino. The purpose of the ULI's involvement was to study and provide
recommendations and proposals for the City of San Bernardino ("City") to consider, relative to land use,
transportation, lifestyle, urban design, commerce and government that would bring physical and economic
vitality back to Downtown San Bernardino ("Downtown"). ULI presented their findings and
recommendations on June 29, 2007. In August 2007, these findings and recommendations in final form
were received by the Mayor and Common Council of the City of San Bernardino ("Council") and the
Community Development Commission of the City of San Bernardino ("Commission").
In June 2008, the Commission formally endorsed ULI's study for the Downtown Central Business
District. The Commission also recommended that the ULI study be presented to EDA W, Inc. ("EDA W"),
for further analysis and refinement for the preparation of a planning document for Downtown San
Bernardino. The Commission further authorized the Interim Executive Director of the Redevelopment
Agency of the City of San Bernardino ("Agency") to execute an Agreement for Professional Services
("Agreement") with EDA W, for the preparation of a Downtown Core Vision/Action Plan (Vision/Action
Plan), for an amount not to exceed $263,500. In July 2008, a multidisciplinary team of experts from
EDA W started the work of preparing a Vision/Action Plan for the City. The preparation of the
Vision/Action Plan was anticipated to involve nine months of work efforts with a number of meetings and
tasks to be performed as outlined in the Agreement.
Since July 2008, EDA W has met and conferred with Agency Staff, gathered and researched relevant data,
project site survey, held stakeholder interviews with City and County officials and staff, San Bernardino
Chamber of Commerce, and other agencies, as well as other individuals of interest. Late in 2008, EDA W,
with the assistance of Agency Staff, held a series of Charrettes and an Open House to update and inform
the public on the issues, opportunities, concepts and ideas being generated to revitalize Downtown San
Bernardino.
CURRENT ISSUE:
During the course of developing the Vision/Action Plan, interest has been positive and promlsmg.
Agency Staff, along with EDA W has been asked to prepare additional visual material, make presentations
and facilitate meetings with other agencies, potential developers and other interested parties. These
additional efforts were not anticipated, thus, not addressed in the current Agreement.
To maintain the momentum of the Vision/Action Plan, EDAW is assisting in the preparation of a
conceptual vision plan for a Theater Block, which includes Maya Cinemas and the immediate
surroundings, within the Downtown Core. This could serve as a catalyst project for Downtown. In
addition, as the Agency moves forward toward completing the Vision/Action Plan, EDA W must provide
P:\Agendas\Comm Dev CommissionlCDC 2009\03_02_09 EDA W, Inc. - Amendment No. I SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 03/02/2009
Agenda Item Number: {21-- '7
Economic Development Agency Staff Report
EDAW, Inc. -Amendment No. I
Page 2
support and materials for additional client and stakeholder meetings to move the Vision/Action Plan
forward to gain the required consensus and approvals.
Hence, it is proposed that the Agency amend the current Agreement with EDA W for an amount of not to
exceed $65,000. The amended amount will be added to the dollar amount of the original Agreement with
EDAW.
ENVIRONMENTAL IMP ACT:
This Amendment to the Agreement for professional services does not meet the definition of a "project"
under Section 15378 of the California Environmental Quality Act (CEQA).
FISCAL IMP ACT:
The amended cost of the Agreement with EDA W is $65,000, which is included in the proposed fiscal year
2008-2009 Agency budget.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
___ <C---t".....t____~ ,.'. "
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Emil A. Marzullo, Interim Executive Director
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P:lAgendas\Comm Dev CommissioolCDC 2009\03-02-09 EDA W, Inc. _ Amendment NO.1 SR,doc
COMMISSION MEETING AGENDA
Meeting Date: 03/02/2009
Agenda Item Number: !2-.2Q
I
2
3
RESOLUTION NO.
CCQ)~)f
4
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND
AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
("AGENCY") TO EXECUTE AMENDMENT NO. I TO THE AGREEMENT
FOR PROFESSIONAL SERVICES BY AND BETWEEN THE AGENCY
AND EDAW, INC.
5
6
7
8 WHEREAS. the Redevelopment Agency of the City of San Bernardino (the "Agency"), is a
9 public body, corporate and politic existing under the laws of the State of California, Health and
10 Safety Code 33101. and is charged with the mission of redeveloping blighted and underutilized
II land pursuant to Health and Safety Code Section 33396; and
12 WHEREAS, on June 16, 2008, the Mayor and Common Council of the City of San
I3 Bernardino ("Council") and the Community Development Commission of the City of San
14 Bernardino ("Commission") approved the Agreement for Professional Services ("Agreement") by
15 and between the Agency and EDA W, Inc. (the "Consultanf'), for studying. analyzing, planning and
16 preparing solution alternatives, funding objectives and implementation strategies for the Downtown
17 Core Vision! Action Plan Project; and
18 WHEREAS, since the approval of the Agreement, the Consultant has performed various
19 services and tasks as required pursuant to the Agreement: and
20 WHEREAS, the Agency and the Consultant have been asked to prepare additional materials
21 and conceptual plans, facilitate meetings and make presentations to other agencies, stakeholders,
22 developers and interested parties; and
23 WHEREAS, the additional tasks were not anticipated in the Agreement, and the
24 requirement for undertaking the additional tasks and services have necessitated the increase in the
25 contract dollar amount for professional services and the expiration date of the Agreement.
26 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
27 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
28 FOLLOWS:
I
P\Agendas....Resollllions'Resolutions\2009',OJ_02-09 EDAW, lne Amendment!'>;o I CDC Reso doc
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Section 1.
The Commission herby approves Amendment No. I to the Agreement by and
2 between the Agency and the Consultant. in the form as attached hereto and as presented to the
3 Commission upon adoption of this Resolution, and the Commission hereby authorizes the Interim
4 Executive Director of the Agency to execute Amendment No. I on behalf of the Agency together
5 with such technical and conforming changes as may be recommended by the Interim Executive
6 Director of the Agency and approved by the Agency Counsel.
7
Section 2.
This Resolution shall take effect from and after its date of adoption by this
8 Commission.
9 /II
10 1/1
11 1/1
12 /II
13 /II
14 I I I
II
15 /II
16 /II
17 /II
18 1/1
19 1/1
20 /II
21 /II
22 1/1
23 1/1
24 /II
25 1/1
26 1/1
27 /II
28 /II
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2
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND
AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
("AGENCY") TO EXECUTE AMENDMENT !'iO. 1 TO THE AGREEMENT
FOR PROFESSIONAL SERVICES BY AND BETWEEN THE AGENCY
AND EDAW, INC.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
Development Commission of the City of San Bernardino at a
7
meeting
18
.2009, by the following vote to wit:
Navs
Abstain
Absent
Secretary
19 The foregoing Resolution is hereby approved this
20
21
22
23
24
25 By:
26
27
28
day of
,2009.
Patrick J. Morris, Chairperson
Community Development Commission
of the City of San Bernardino
Approved as to Form:
U
I
\;~\J ~
Agency Ccru~el
3
P.\Agendas'Resolutions'Resoll.ltions'1009',OJ-O::'.-09 EDAW,lnc. Amendment So. I CD( Reso,doc
AMENDMENT NO.1
TO THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGREEMENT FOR PROFESSIONAL SERVICES
EDAW,INC.
THIS AMENDMENT NO. I to the Redevelopment Agency of the City of San Bernardino
Agreement for Professional Services. EDA W. Inc. (this "Amendment No. I"). is dated as of March 2.
2009. and is entered into by and between the Redevelopment Agency of the City of San Bernardino. a
public body, corporate and politic (the "Agency") and EDA W, Inc. (the "Consultant"), and amends
certain provisions of that certain Agreement for Professional Services with EDA W, Inc., dated as of
June 16.2008. by and between the Agency and the Consultant (the "Agreement"). The Agency and
the Consultant agree as follows:
RECITALS
WHEREAS, the Agency and the Consultant have executed and entered into the Agreement,
and the Consultant has performed various services and tasks as required pursuant to the Agreement;
and
WHEREAS. the Agency and the Consultant have been asked to prepare additional materials,
prepare conceptual plans, make presentations, facilitate meetings with other agencies, potential
developers, interested parties and stakeholders, all of which were not anticipated in the Agreement; and
WHEREAS, the requirements for undertaking the extra tasks and services have necessitated
extending the last date of performance under the Agreement: and
WHEREAS, the Agency and the Consultant desire to amend the Agreement to provide for an
increase in the contract dollar amount for professional services and the expiration date of the
Agreement pursuant to the terms, covenants and conditions of this Amendment No.1.
NOW, THEREFORE, IN CONSIDERATION OF THE RECITALS SET FORTH ABOVE,
THE MUTUAL PROMISES OF THE AGENCY AND OF THE CONSULTANT IN THIS
AMENDMENT NO.1 AND FOR OTHER GOOD AND VALUABLE CONSIDERATION THE
RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED BY THE
AGENCY AND BY THE CONSULTANT. THE AGENCY AND THE CONSULTANT AGREE AS
FOLLOWS:
1. The Recitals of this Amendment No. I are incorporated herein by this reference.
2. This Amendment No. 1 amends the dollar amount of the compensation payable by the
Agency to the Consultant from $263,500 to $328,500, representing an increase of $65,000, as said
$263,500 figure is provided in Section 4.A. of the Agreement. Section 4.A. of the Agreement is
hereby amended by the insertion of the dollar figure of $328,500 to replace the dollar figure of
$263,500.
P'Agcndas'Agenda AnachmenlsAgenda AnachmentsAgenda Allachment<; Agrmts-Amend 2009'03_02_09 EDAW, Inc _ Am~ndmenl1'\o, 1 doc
3. This Amendment No. I amends the expiration date oftheAgreement for the time period
during which the Consultant shall provide the professional services pursuant to the Agreement by
amending Section 3 of the Agreement. Section 3 of the Agreement is hereby amended by replacing the
last sentence thereof with the following text: "The Consultant shall perform and complete the services
as set forth on said Scope of Services on or before the date of June 30, 2009.
IN WITNESS WHEREOF. the Agency and the Consultant hereto have duly executed
thisAmendment No.1 as of the date first written above.
AGENCY
Redevelopment Agency of the City of San Bernardino,
a public body, corporate and politic
Dated:
By:
Emil A. Marzullo, Interim Executive Director
Approved as to Form and Legal Content:
By: - /~/\///
Agency C6unsel
v
CONSULTANT
EDA W, Inc.
Dated:
By:
Name:
Title:
2
P'A~endas Agenda Attachments Agenda AlIachmenls' Agenda Attachments Agrml;_Amend 2009',03-02-09 EDAW. lnc _ Amendment No 1 doc